Civil Rights

New Employee OrientationMarch 2018

Overview• A history of Civil Rights Legislation• Discrimination Law• What does this mean to me and my job?

Discrimination…may be legal

– Distinguishing between similarly situated people on a basis which is not prohibited by law.

– “This position requires a degree in family and consumer sciences.”

…or may be illegal– unjustifiably distinguishes between similarly situated

people on a basis prohibited by local, State, Federal or Constitutional law.

– Race, color, national origin, sex, age, disability, religion or veteran’s status.

A History of Civil Rights Legislation

• Declaration of Independence (1776)

• Constitutional Amendment V (1791)

• Constitutional Amendment XIV (1868)

Discrimination Law• The Civil Rights Act of 1866• Amendment XV (1870) Section 1• Amendment XIX (1920)• Title VI of the Civil Rights Act of 1964• Title VII of the Civil Rights Act of 1964• Civil Rights Act of 1991• Title IX - Education Amendments of 1972

Title VI - Discrimination Law• Prohibits discrimination in Federally

Assisted Programs.• Offer Programs to all based on Race,

Color and National Origin.• Cannot exclude from participation.• Non-compliance results in loss of funds.

Title VI - Discrimination Law• We cannot supply

educational programs to groups if they are discriminatory.

• County Letters• State Groups

Title VII - Discrimination Law• Prohibits discrimination in anything to do

with employment.• Salary, location of office, employed or not• Race, Color, National Origin, Age, Sex and

Religion• Protected by Law, Courts, Legal System• Doesn’t directly affect use of Federal

dollars

Civil Rights Act of 1991• Reverses several Supreme Court decisions

limiting the rights of persons protected• Adds additional provisions including

– Compensatory and punitive damages for intentional discrimination

– Provides for obtaining attorney’s fees and possibility of jury trials

• Expands EEOC technical assistance & outreach activities

Title IX - Education Amendments of 1972

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Sexual Harassment in the Workplace

• Violates Title VII of the 1964 Civil Rights Act

• Victims can go to court for:– Tangible economic damage (threat of

dismissal), or – Work environment subjects employee to

sexual advances

Harassment may include:• Subtle or not so subtle behaviors• Individuals of same or different gender• Co-workers or Supervisors• Harassment by non-employees

– Customers– Consultants– Contractors, etc.

Categories of Prohibited Conduct

• Physical assaults or other physical conduct of a sexual nature

• Unwanted sexual advances, propositions or other sexual comments

• Sexual displays, publications, and cartoons anywhere within the workplace or social media.

• Taking retaliatory action against an employee for discussing or making a sexual harassment complaint

1980 EEOC Guidelines

“take all steps necessary to prevent sexual harassment from occurring such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.” 29 C.F.R. 1604.11(f).

The Americans with Disabilities Act of 1990

An individual is considered to have a disability if that individual either:1. Has a physical or mental impairment which

substantially limits one or more of that person’s major life activities, or,

2. Has a record of such impairment, or,

3. Is regarded as having such an impairment.

The Americans with Disabilities Act of 1990

• We have an obligation to accommodate:– Facilities– Interpreters – Assistive devices and systems– Removal of Barriers– Notification of alternative

delivery if facility will not accommodate

What does it mean to me and my job?

• Affirmative Action• Public Notification• All Reasonable Effort• Determining Potentials• Civil Rights Planning &

Reporting

Public Notification• Advise minorities of program availability

and requirements of non-discrimination• Display “And Justice for All”, EEO Poster• Inform minorities of new programs and

program changesPrograms in agriculture and natural resources, 4-H youth development, family and consumer sciences, and resource

development. University of Tennessee Institute of Agriculture, U.S. Department of Agriculture and county governments cooperating.

UT Extension provides equal opportunities in programs and employment.

UT Extension offers its programs to all eligible persons regardless of race, color, national origin, sex, age, disability, religion, or veteran status and is an Equal Opportunity Employer.

All Reasonable Efforts• ARE - follow guidelines for minority

recruitment then conduct programs• Mass Media - Radio, Newspaper, T.V.• Personal Letters and Circular Letters• Personal Visits• Clubs when membership is low or when a

new club is formed.

Planned Participation• Individual Action Agenda• Projects Participation for 4

years• Gives your Potentials for

Progress Report• Revise any time new/better

data exists.

Reporting Actual Contacts • Included in Annual

Progress Report• Actual Contacts from

SUPER• Be sure your

participation goals are realistic for your county situation.

Summary• Incorporate Civil Rights into thinking• Make Civil Rights a part of all planning• Always try to include anti-discrimination

statement• Report accurately in SUPER

Civil Rights Overview New Employee Orientation

March 2018

Excerpts from Civil Rights and Discrimination Law

History of Civil Rights Legislation

Declaration of Independence (1776)

WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness - That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.

Constitutional Amendment V (1791)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Constitutional Amendment XIV (1868)

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Discrimination Law

The Civil Rights Act of 1866

“All persons within the jurisdiction of the United States shall have the same right to make and enforce contracts, to sue, be parties, and give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as it is enjoyed by white citizens, and shall be subject to like punishments, pains, penalties, taxes, licenses, and exactions of every kind and no other.”

Amendment XV (1870) Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Amendment XIX (1920)

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. Congress shall have power to enforce this article by appropriate legislation.

Title VI of the Civil Rights Act of 1964

“…no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance.”

Title VII of the Civil Rights Act of 1964 (Hiring, pay, etc.)

“It shall be unlawful employment practice for an employer to:

...fail to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex or national origin.”

Title VII of the Civil Rights Act of 1964 (Responsibility, office, etc.)

“It shall be unlawful employment practice for an employer to:

... limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual’s race, color, religion, sex or national origin.”

Title VII of the Civil Rights Act of 1964 (References, job class, etc.)

“It shall be unlawful employment practice for an employer to:

...fail or refuse to refer for employment, or otherwise to discriminate against any individual because of such individual’s race, color, religion, sex or origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin”

Title IX - Education Amendments of 1972

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

EEOC Guidelines 29 CFR 1604.11(a)

“Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

• submission to such conduct is made either explicitly or implicitly a term of an individual’s employment

• submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual

• or, such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating , hostile or offensive working environment.

1980 EEOC Guidelines

“take all steps necessary to prevent sexual harassment from occurring such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.” 29 C.F.R. 1604.11(f).